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violated state wiretap laws. that's because maryland is one of a dozen states that requires all parties to consent before somebody makes a recording if there's an expectation of privacy. expectation of privacy on the side of the road? stop it. former prosecutor tom canipp is with us. they can record us but if i have a camera mounted in my car or on my bike, on an open road, i can't record what the police officer does? >> interestingly, with respect to the maryland statute and a lot of jurisdictions with the two party consent laws, consent applies to the audio, not necessarily the video. in maryland, the problem is the fact that he taped the audio conversation with him and the police officers and you get into the issue of whether there's an expectation of privacy. >> you know, my experience has always been, correct me if i'm wrong, if you're in an open place where anyone can hear you and see you, for instance on 38th and 6th avenue in manhattan. somebody records what us, that's fair game. >> absolutely. i walked here today from midtown and was recorded from cameras all over. >> and audio
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